Opinion
18 Cal. 331 at 333.
Original Opinion of July 1861, Reported at: 18 Cal. 331.
JUDGES: Upon this petition Cope, J. delivered the opinion of the Court. Baldwin, J. concurring.
OPINION
COPE, Judge
A petition for rehearing was filed, calling the attention of the Court to a stipulation in the record, that defendant McDonald might amend his answer by inserting after the words " as is set forth in said complaint," the words " or in any other sum whatever."
Upon this petition Cope, J. delivered the opinion of the Court--Baldwin, J. concurring.
The petition for a rehearing must be denied. The stipulation referred to is perhaps sufficient to cure the defect pointed out in the answer, but the opinion shows that independent of this there is nothing in the appeal. Petition denied.